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required to construct and operate the Improvements;provided,however,that nothing <br /> contained in this subparagraph shall be construed to limit in any way the reasonable <br /> and legitimate exercise of the City's discretion in considering any submittal or <br /> application. <br /> (c) The Development Property is zoned for purposes which include the Development as <br /> proposed. The city has issued all necessary commercial site plan review approvals, <br /> and plat approval of Orono Woods Addition. <br /> 17. Compliance. At any time and from time to time the Developer may request that the City <br /> provide the Developer a certificate certifying that that the terms and provisions of this <br /> Agreement have been complied with and that this PUD Agreement is in full force and effect <br /> with respect to the development for the purpose of facilitating sale, mortgage, insurance or <br /> other matters. To the extent that there be any bona fide defaults in such compliance, the <br /> Developer shall be afforded a reasonable time to bring the development into conformance, <br /> and thereafter the City shall be obligated to provide such certificate. <br /> 18. Binding Effect: The terms and provisions hereof shall be binding upon and inure to the <br /> benefit of the heirs,representatives, successors and assigns of the parties hereto and shall be <br /> binding deemed covenants running with the land. References herein to Developer, if there <br /> be more than one, shall mean each and all of them. This agreement at the option of the City <br /> shall be placed of record so as to give notice hereof to any subsequent purchasers and <br /> encumbrancers of all or any part of the property. <br /> 19. Notices: Whenever in this agreement it shall be required or permitted that notice or demand <br /> be given or served by either party to this agreement to or on the other party, such notice or <br /> demand shall be delivered personally or mailed by United States certified mail(return receipt <br /> requested)to the addresses set forth below. Such notice or demand shall be deemed timely <br /> given when delivered personally or when deposited in the mail in accordance with the above. <br /> Notice to City Notice to Developer <br /> City of Orono Frank Dunbar, Chief Manager <br /> Clerk/Administrator Orono Ambar, LLC <br /> P.O. Box 66 c/o Dunbar Development Corporation <br /> Crystal Bay, MN 55323 5000 Glenwood Avenue <br /> Golden Valley, MN 55422 <br /> Parties may substitute notice provisions upon notice to other parties. <br /> Developer Initial �� <br /> City Clerk Initial/ '-Z4.) <br /> Page 9 of 13 <br />